Owens v R [2023] NSWCCA 198

Owens v R [2023] NSWCCA 198

The sentencing judge erred in ruling the applicant was not entitled to a discount for assistance on the firearms offences on the basis the assistance was unrelated, contrary to s 23 of the Crimes (Sentencing Procedure) Act 1999 (NSW), which allows for a discount for assistance given or promised in relation to any offence, not just the one for which sentence is imposed. Further, the sentencing judge failed to consider the correct statutory criteria as required. The appeal was thus upheld, the original sentence quashed, and the applicant resentenced applying the correct discount across all offences.

Jurisdiction
Australia
Judgment Date
16 August 2023
Procedural Posture
Criminal Appeal / Judgment on Appeal Against Sentence, Including Re Sentence
Outcome
Appeal upheld; sentence quashed; applicant resentenced
Legal Topics
['appeal Against Sentence' 'assistance to Authorities' 'discount Under S 23 Crimes (sentencing Procedure) Act 1999 (nsw)' 'aggregate Sentence' 'application of Discount to Unrelated Offences' 'proper Provision of Reasons for Sentence' 'procedural Fairness in Sentencing']
['criminal Law'] ['appeal Against Sentence' 'assistance to Authorities' 'discount Under S 23 Crimes (sentencing Procedure) Act 1999 (nsw)' 'aggregate Sentence' 'application of Discount to Unrelated Offences' 'proper Provision of Reasons for Sentence' 'procedural Fairness in Sentencing']

Case Brief

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Procedural Posture

Criminal Appeal / Judgment on Appeal Against Sentence, Including Re Sentence

Legal Issues

  1. 1 ['Whether the sentencing judge erred in not applying a discount for assistance to authorities to the indicative sentences for the two firearms offences.' 'Whether adequate reasons were given for not applying a discount for assistance to authorities to the firearms offences.' 'Whether there was procedural fairness in not notifying the applicant of the proposal not to apply the discount to the firearms offences.' 'Whether the aggregate sentence imposed was manifestly excessive.']

Ratio Decidendi

The sentencing judge erred in ruling the applicant was not entitled to a discount for assistance on the firearms offences on the basis the assistance was unrelated, contrary to s 23 of the Crimes (Sentencing Procedure) Act 1999 (NSW), which allows for a discount for assistance given or promised in relation to any offence, not just the one for which sentence is imposed. Further, the sentencing judge failed to consider the correct statutory criteria as required. The appeal was thus upheld, the original sentence quashed, and the applicant resentenced applying the correct discount across all offences.

Court Disposition

Appeal upheld; sentence quashed; applicant resentenced

Orders

  • ['The time for filing of the application for leave to appeal is extended to 26 August 2021.' 'The applicant has leave to appeal in respect of ground 1.' 'The appeal is upheld.' 'The aggregate sentence imposed on the applicant on 3 August 2018 is quashed.' 'In lieu, the applicant is sentenced to a non-parole period...